I just filed...

[IBroke]

So is today your birthday? If so, Happy Birthday and Congratulations on your filing and deposition.

Today is my birthday too, and we just returned from having a nice outing where I had oysters on the half-shell and grilled shrimp--things we rarely, if ever, do any more. So go and treat yourself today; you more than deserve it!

Yes, it really is - so Happy Birthday to you as well.

OMG, oysters and juicy shrimp - sounds delicious!

We don't go out today but we bought some great filet and my mum is going to cook her famous Boeuf Stroganoff. Better than in any Restaurant....Hmm, yummy..

And tomorrow, we can continue celebrating because it's my mum's birthday..

[IBroke]

....that was like the LONGEST 40 hours ever...it seem to me...i just didn't want to say it!!

Hey, not only to you! Yesterday afternoon, I called the paralegal to make sure all documents were complete. Since he was on the line already, I thought "OK, why shouldn't I file right away?" I should call him again an hour later to obtain the case-#. He was so busy yesterday that he wasn't able to do the filing in that our so I told him he should file in the morning and asked him when he would have the case-#. He said 9 o'clock. So I called after 9:00 AM. No case-#. He now told me that I would receive a call from the second paralegal on my case. She would arrive in about 30 minutes and would file it right away. After 45 Minutes, the phone rang. What a relieve! It was her. She actually filed the case WHILE I WAS ON THE PHONE. I got the case-# and an e-mail - a copy of the official notification from PACER where I already signed up a couple of weeks ago.

Considering the deposition at 1:00 PM, that was perfect timing..

[tobee43]

so is today your birthday? If so, happy birthday and congratulations on your filing and deposition.

Today is my birthday too, and we just returned from having a nice outing where i had oysters on the half-shell and grilled shrimp--things we rarely, if ever, do any more. So go and treat yourself today; you more than deserve it!

happy birthdaysssssssss!!!

[tobee43]

Hey, not only to you! Yesterday afternoon, I called the paralegal to make sure all documents were complete. Since he was on the line already, I thought "OK, why shouldn't I file right away?" I should call him again an hour later to obtain the case-#. He was so busy yesterday that he wasn't able to do the filing in that our so I told him he should file in the morning and asked him when he would have the case-#. He said 9 o'clock. So I called after 9:00 AM. No case-#. He now told me that I would receive a call from the second paralegal on my case. She would arrive in about 30 minutes and would file it right away. After 45 Minutes, the phone rang. What a relieve! It was her. She actually filed the case WHILE I WAS ON THE PHONE. I got the case-# and an e-mail - a copy of the official notification from PACER where I already signed up a couple of weeks ago.

Considering the deposition at 1:00 PM, that was perfect timing..

WOW!! what a day for sure...one for the books...

[discouraged]

I agree - congrats and Happy, Happy Birthday.

[IBroke]

Thank You all, folks!

[scorpion35]

Congrats

[IBroke]

Sooo, I just wanted to let you know that the BK Public Record hit my EQ credit-report yesterday. So far, the big negative impact didn't occur. My score decreased from 573 to 568. Today, I received a different score-watch notification due to a reporting of a CC that was not included and my score increased to 570 again. So the Public Record itself didn't do much damage - let's see what the "IIB"-notations will be causing. On the other hand, my full amounts owed are still reported as well and the $0 Balances should at least make up for the notations.

[tobee43]

Sooo, I just wanted to let you know that the BK Public Record hit my EQ credit-report yesterday. So far, the big negative impact didn't occur. My score decreased from 573 to 568. Today, I received a different score-watch notification due to a reporting of a CC that was not included and my score increased to 570 again. So the Public Record itself didn't do much damage - let's see what the "IIB"-notations will be causing. On the other hand, my full amounts owed are still reported as well and the $0 Balances should at least make up for the notations.

sounds like it's going well ibroke!!!

[IBroke]

sounds like it's going well ibroke!!!

Yes, I think I didn't wait too long for filing so that I can avoid another drop of my scores like several years ago when everything "collapsed". It will be very interesting now to see how the score develops once the accounts IIB start reporting as such.

[tobee43]

Yes, I think I didn't wait too long for filing so that I can avoid another drop of my scores like several years ago when everything "collapsed". It will be very interesting now to see how the score develops once the accounts IIB start reporting as such.

yes, ours are at 690 and 685...not bad...really...of course down from our 820!!

[IBroke]

Sooo, I just checked PACER and finally, the date for my 341 shows up. Will be 10/28/2010.

[IBroke]

Checked PACER today and found the following information in the History:

"Full docket text for document 6:
Order Determining Debtor's Compliance with Filing Requirements of Section 521(a)."


Something to be worried about or common procedure?

[ccsjoe]

I haven't seen that one yet, but maybe you should just download it and see what it orders...probably states you either filed everything properly or you are missing something would be my guess. They might be letting you know something is missing.

Here's section 521a FYI:

(a)The debtor shall--

(1) file--

(A) a list of creditors; and

(B) unless the court orders otherwise--

(i) a schedule of assets and liabilities;

(ii) a schedule of current income and current expenditures;

(iii) a statement of the debtor's financial affairs and, if section 342(b) applies, a certificate--

(I) of an attorney whose name is indicated on the petition as the attorney for the debtor, or a bankruptcy petition preparer signing the petition under section 110(b)(1), indicating that such attorney or the bankruptcy petition preparer delivered to the debtor the notice required by section 342(b); or

(II) if no attorney is so indicated, and no bankruptcy petition preparer signed the petition, of the debtor that such notice was received and read by the debtor;

(iv) copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor;

(v) a statement of the amount of monthly net income, itemized to show how the amount is calculated; and

(vi) a statement disclosing any reasonably anticipated increase in income or expenditures over the 12-month period following the date of the filing of the petition;

(2) if an individual debtor's schedule of assets and liabilities includes debts which are secured by property of the estate--

(A) within thirty days after the date of the filing of a petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property;

(B) within 30 days after the first date set for the meeting of creditors under section 341(a), or within such additional time as the court, for cause, within such 30-day period fixes, the debtor shall perform his intention with respect to such property, as specified by subparagraph (A) of this paragraph; and

(C) nothing in subparagraphs (A) and (B) of this paragraph shall alter the debtor's or the trustee's rights with regard to such property under this title, except as provided in section 362(h);

(3) if a trustee is serving in the case or an auditor serving under section 586(f) of title 28, cooperate with the trustee as necessary to enable the trustee to perform the trustee's duties under this title;

(4) if a trustee is serving in the case or an auditor serving under section 586(f) of title 28, surrender to the trustee all property of the estate and any recorded information, including books, documents, records, and papers, relating to property of the estate, whether or not immunity is granted under section 344 of this title;

(5) appear at the hearing required under section 524(d) of this title;

(6) in a case under chapter 7 of this title in which the debtor is an individual, not retain possession of personal property as to which a creditor has an allowed claim for the purchase price secured in whole or in part by an interest in such personal property unless the debtor, not later than 45 days after the first meeting of creditors under section 341(a), either--

(A) enters into an agreement with the creditor pursuant to section 524(c) with respect to the claim secured by such property; or

(B) redeems such property from the security interest pursuant to section 722.

(7) unless a trustee is serving in the case, continue to perform the obligations required of the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan if at the time of the commencement of the case the debtor (or any entity designated by the debtor) served as such administrator.

If the debtor fails to so act within the 45-day period referred to in paragraph (6), the stay under section 362(a) is terminated with respect to the personal property of the estate or of the debtor which is affected, such property shall no longer be property of the estate, and the creditor may take whatever action as to such property as is permitted by applicable nonbankruptcy law, unless the court determines on the motion of the trustee filed before the expiration of such 45-day period, and after notice and a hearing, that such property is of consequential value or benefit to the estate, orders appropriate adequate protection of the creditor's interest, and orders the debtor to deliver any collateral in the debtor's possession to the trustee.

[IBroke]

Thanks ccsjoe!

I hope your 341 goes well tomorrow - but I think you have everything under control..

BTW, I tried a google search and I only found 2 or 3 hits about this "Order Determining Debtor's Compliance with Filing Requirements of Section 521(a)".

Here's what I found:

Persuant to 11 U.S.C. 521(i)(1), if an individual debtor in a voluntary case under chapter 7 or 13 fails to file all of the information required under 11 U.S.C. 521 (a)(1) witihin 45 days after the date of the filing of the petition, the case shall be automatically dismissed effective on the 46th day after the date of the filing of the petition. The court has reviewed the file in this case and has determined that the debtor has complied with the information filing requirements of 11 U.S.C. 521(a)

Accordingly it is

ORDERED:

1. THIS CASE IS NOT SUBJECT TO AUTOMATIC DISMISSAL UNDER 11 U.S.C. 521(I) (1) OR (2)

2. If any party has any reason to contest the court's finding that the debtor has filed all information required by 11 U.S.C. 521(a), they shall file a motion for reconsideration not later than 21 days from the date of this order, and serve such motion on the trustee, debtor and debtors counsel, if any. The motion should specifically identify the information and document(s) required by 11 U.S.C. 521(a) that the debtor has failed to file.

Could be good news then..?